Finding Out The Grounds For Constructive Dismissal
Grounds For Constructive Dismissal
If you have been looking for more information on this particular topic, you are in for a real surprise! Most employers have no idea what constitutes a “creative” or “dispositive” dismissal and so many of the claims put forward by Employment Tribunal judges, Employment Lawyers, and employment law advisors are based on very shaky principles. Many of these claims involve what is sometimes referred to as “constructive unemployment.” It is not simply about having an attitude, but about being able to produce good results for your employer, which is the basis of so many of the legal battles that are currently underway in the UK.
So, what are the most common grounds for a grievance to be considered as “creative dismissal”? Harassment or discriminatory behaviour towards an individual, and unwelcome or humiliating behaviour in front of clients or colleagues would almost certainly be classed as grounds for constructive dismissal in the majority of court rooms across the country. You could also be classed as a “hostile” worker if you express your unhappiness at the job position or in some other way make the employer feel uncomfortable about him/her. This could include anything from asking a superior to refer you to an alternative employer, to publicly criticising the employer in a way that others can easily see.
Other grounds for breach of contract claims relate to how an employee has conducted themselves during their employment. For example, if you were a builder and you refused to build a specific feature, due to a clause in your contract, you may well be able to claim breach of contract, or even breaches of the requirement to reasonably consider any request made by the client. Similarly, if you used the property for purposes that were not permitted according to the contract, or if you behaved in a way that was unprofessional in front of other employees or clients, then you may well be able to claim unfair dismissal. A similar situation to the above arises when a company uses your services and they breach regulations laid down by the British Standards.
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Finding Out The Grounds For Constructive Dismissal
Constructive dismissal claims often have a long trail back to when a contract was originally drawn up or even before that. If a contract was drawn up when a particular dispute was happening in the company, this is often referred to as a breach of contract. The situation can arise where the employee is unable to carry out their duties within the parameters of the original contract, or if they are being unfairly dismissed for breach of the contract. In this case it is important that you speak with a legal representative, as to what your rights are regarding your contract.
If you wish to challenge your dismissal, you should first ensure that you did not breach the contract in question. If there are grounds for serious breach of contract then you may have cause to appeal the decision of your employer, or you may wish to take the employer to court. If you are being dismissed unfairly, it is important that you keep records of any correspondence regarding the situation. This should be done for all periods of notice, so that if there is a need to refer the matter to an Employment Tribunal or Employment Court you will be able to do so.
When you sign the contract of employment, you will likely be given a notice period of up to a few months, during which time you have to give your employer the reasons for your resignation. If your employer does not accept your resignation then you may be able to appeal the decision to an Employment Tribunal. You will have to prove to the tribunal that your resignation was induced by ‘care’ or ‘other reasonable grounds’. There is a fine line that you need to walk in determining whether the grounds for your resignation are reasonable, but an Employment Tribunal will be likely to take your side on the matter, because it is the employer who has caused the problem.